C.M.A.No.2281 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.09.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.2281 of 2021
C.Arul Suresh ... Appellant
Vs.
1.K.Narayanan
(R1 remained exparte before the
Tribunal and his presence is dispensed with)
2.The Divisional Manager
United India Insurance Company Limited
Officers Lane, Vellore
Issuing Office at No.74/A2
Sathiya Medical Complex
1st floor, Vaniyambadi Road
Opposite to Sacred Hearts College
Tirupattur Town, Vellore District.
3.G.Malayan ... Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 13.08.2019 made
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C.M.A.No.2281 of 2021
in M.C.O.P.No.84 of 2015 on the file of Motor Accident Claims Tribunal,
Special Sub Court, Tirupattur.
For Appellant : Mrs.A.Subadra
For R2 : Mr.A.Dhiraviyanathan
JUDGMENT
(Judgment of the Court was delivered by V.M.VELUMANI,J.) The Civil Miscellaneous Appeal is filed for enhancement of compensation granted by the Tribunal in the award dated 13.08.2019 made in M.C.O.P.No.84 of 2015 on the file of Motor Accident Claims Tribunal, Special Sub Court, Tirupattur.
2.The appellant is claimant in M.C.O.P.No.84 of 2015 on the file of Motor Accident Claims Tribunal, Special Sub Court, Tirupattur. He filed the said claim petition claiming a sum of Rs.1,00,00,000/- as compensation for the injuries sustained by him in the accident that took place on 07.12.2014.
3.The Tribunal considering the pleadings, oral and documentary evidence, held that the accident has occurred only due to rash and negligent 2/10 https://www.mhc.tn.gov.in/judis C.M.A.No.2281 of 2021 driving by the driver of the auto belonging to the respondents 1 and 3 and directed the 2nd respondent/Insurance Company being insurer of the said vehicle to pay a sum of Rs.2,13,000/- as compensation to the appellant.
4.Not being satisfied with the amounts awarded by the Tribunal, the appellant has come out with the present Civil Miscellaneous Appeal seeking enhancement of compensation.
5.The learned counsel appearing for the appellant contended that in the accident, the appellant suffered traumatic left optic nerve compression, left side depressed frontal fracture, left zygomatic fracture and left maxillary fracture. The appellant suffered 30% disability. Due to the injuries, the appellant has lost vision in left eye and marked the certificate issued by Sankara Nethralaya Hospital as Ex.P9. The Tribunal ought to have adopted multiplier method while awarding compensation towards loss of earning capacity. At the time of accident, the appellant was working as Technical leader in Cognizant Technology Solutions India Private Limited and was earning a sum of Rs.50,196/- per month. The Tribunal without considering 3/10 https://www.mhc.tn.gov.in/judis C.M.A.No.2281 of 2021 the same, fixed only a sum of Rs.50,000/- as monthly income of the appellant. The Tribunal has not awarded any compensation towards medical expenses, future medical expenses and loss of earning capacity. The amounts awarded by the Tribunal under different heads are meagre and prayed for enhancement of compensation.
6.Per contra, the learned counsel appearing for the 2nd respondent/Insurance Company contended that the appellant is still continuing his job and hence, there is no loss of earning capacity. The appellant has not suffered any functional disability and therefore, he is not entitled to any compensation towards disability by adopting multiplier method. The total compensation awarded by the Tribunal is not meagre. The appellant has not made out any case for enhancement of compensation and prayed for dismissal of the appeal.
7.Heard the learned counsel appearing for the appellant as well as the learned counsel appearing for the 2nd respondent and perused the entire materials on record.
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8.From the materials on record, it is seen that it is the case of the appellant that in the accident, he suffered traumatic left optic nerve compression, left side depressed frontal fracture, left zygomatic fracture and left maxillary fracture and the disability is fixed as 30%. Due to the injuries, the appellant has lost vision in left eye and marked the certificate issued by Sankara Nethralaya Hospital as Ex.P9. The contention of the learned counsel appearing for the appellant that the appellant suffered permanent disability and as per Section 142 of the Motor Vehicles Act, multiplier method has to be adopted for granting compensation, cannot be accepted. From the award of the Tribunal and evidence of appellant, it is seen that appellant himself has admitted that he is continuing his work as Technical Leader in Cognizant Technology Solutions India Private Limited, Chennai and his monthly income is Rs.50,196/-. To prove the same, the appellant has marked the salary certificate as Ex.P15. The Tribunal considering the same, fixed the monthly income of the appellant as Rs.50,000/-. The learned counsel for the appellant has not produced any document to show that appellant suffered functional disability and lost his earning capacity. The appellant also has not filed any document to show that his income has been reduced due to the injuries and 5/10 https://www.mhc.tn.gov.in/judis C.M.A.No.2281 of 2021 disability. In view of the admission of the appellant as P.W.1 that he is continuing the job and getting income, the appellant is not entitled for compensation by adopting multiplier method. The appellant suffered 30% disability. The Tribunal granted compensation by adopting percentage method by fixing Rs.3,000/- per percentage of disability. This Court by judgment dated 09.01.2020 made in C.M.A.No.4870 of 2020 in the case of M/s.IFFCO TOKIO General Insurance Company Limited vs. Venkatesh and another), fixed a sum of Rs.4,000/- per percentage of disability for the accident occurred in the year 2014 & 2015 and a sum of Rs.5,000/- per percentage of disability for the accident occurred from the year 2016 onwards, due to raise in cost of living. In the present case, the accident is of the year 2014. In view of the same, fixing Rs.4,000/- per percentage of disability, the compensation awarded by the Tribunal towards disability is modified to Rs.1,20,000/- (Rs.4,000/- X 30%).
8(i). The appellant contended that he has taken treatment in CMC Hospital, Vellore and then in SRM Institutes for Medical Science, Vadapalani, Chennai and underwent surgery on 09.12.2014. He has also marked two 6/10 https://www.mhc.tn.gov.in/judis C.M.A.No.2281 of 2021 discharge summaries as Exs.P3 and P5 to that effect. Considering the nature of injuries, disability and period of treatment taken by the appellant, the compensation awarded by the Tribunal towards extra nourishment, attendant charges, transportation and loss of amenities are enhanced from Rs.5,000/- to Rs.20,000/-, from Rs.3,000/- to Rs.20,000/-, from Rs.5,000/- to Rs.10,000/- and from Rs.10,000/- to Rs.20,000/- respectively, as the amounts awarded by the Tribunal are meagre. Though the appellant claimed that he had incurred medical expenses and filed Exs.P10 to P14 to prove the same, the appellant as P.W.1 himself admitted that the medical expenses incurred by him was reimbursed from the Company, where he is working and the Company has paid a sum of Rs.2,00,000/- towards medical expenses. In view of the same, the appellant is not entitled to any compensation towards medical expenses. Further, the appellant has not produced any document to show that he requires future medical treatment and therefore, he is not entitled to any amount towards future medical expenses. The amounts awarded by the Tribunal under different heads are just and proper and hence, the same are hereby confirmed. Thus the compensation awarded by the Tribunal is modified as follows:
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C.M.A.No.2281 of 2021
S.No Description Amount Amount awarded Award
awarded by by this Court confirmed or
Tribunal (Rs) enhanced or
(Rs) granted or
reduced
1. Disability 90,000 1,20,000 Enhanced
2. Pain and suffering 50,000 50,000 Confirmed
3. Extra nourishment 5,000 20,000 Enhanced
4. Attendant charges 3,000 20,000 Enhanced
5. Transportation 5,000 10,000 Enhanced
6. Loss of income 50,000 50,000 Confirmed
7. Loss of amenities 10,000 20,000 Enhanced
Total 2,13,000 2,90,000 Enhanced by
Rs.77,000/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and the compensation awarded by the Tribunal at Rs.2,13,000/- is hereby enhanced to Rs.2,90,000/- together with interest at the rate of 7.5% per annum from the date of petition till the date of deposit. The 2nd respondent/Insurance Company is directed to deposit the award amount now determined by this Court along with interest and costs, less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this judgment. On such deposit, the appellant is permitted to 8/10 https://www.mhc.tn.gov.in/judis C.M.A.No.2281 of 2021 withdraw the award amount now determined by this Court along with interest and costs, less the amount if any, already withdrawn. The learned counsel for the appellant is directed to pay necessary Court fee on the enhanced award amount, if any. No costs.
(V.M.V., J) (V.S.G., J) 13.09.2022 Index : Yes / No kj To
1.The Special Subordinate Judge Motor Accident Claims Tribunal Tirupattur.
2.The Section Officer VR Section High Court Madras.
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and V.SIVAGNANAM,J.
Kj C.M.A.No.2281 of 2021 13.09.2022 10/10 https://www.mhc.tn.gov.in/judis